---
title: HB 1230. Aviation; prohibit operation of unmanned aircraft systems over a place of incarceration
collection: bills
id: 2025-2026/hb1230
cite_as: HB 1230, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1230
md_url: https://georgiacommons.org/bills/2025-2026/hb1230.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1230/text
source_url: https://www.legis.ga.gov/legislation/72951
date: 2026-05-05
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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next: https://georgiacommons.org/bills/2025-2026/hb1231.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1251
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1230.md?full=1
bill_number: HB 1230
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
  - Todd Jones
  - Brad Thomas
  - Clint Crowe
  - Bill Hitchens
  - Eddie Lumsden
  - Shawn Still
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1230/2025
upstream_id: 2111511
summaries_model: claude-sonnet-5
topic_tags:
  - drone laws
  - prison security
  - criminal penalties
  - aviation regulation
  - law enforcement powers
---

# HB 1230. Aviation; prohibit operation of unmanned aircraft systems over a place of incarceration

## Text

House Bill 1230 (AS PASSED HOUSE AND SENATE)
By: Representatives Jones of the 25th, Thomas of the 21st, Crowe of the 118th, Hitchens of the
161st, and Lumsden of the 12th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated,
relating to general provisions regarding correctional institutions of state and counties, so as
to prohibit operation of an unmanned aircraft system above a place of incarceration; to
provide a definition; to provide for the ability of law enforcement to seize or destroy an
unmanned aircraft system that is operating above a place of incarceration; to provide for law
enforcement officers to take reasonable and necessary mitigation measures against unmanned
aircraft systems operating above a place of incarceration; to amend Chapter 1 of Title 6 of
the Official Code of Georgia Annotated, relating to general provisions regarding aviation,
so as to make conforming changes to exemptions; to provide for criminal penalties; to
provide for exceptions; to revise a definition; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to
general provisions regarding correctional institutions of state and counties, is amended by
revising subsections (a) and (f) of Code Section 42-5-18, relating to items prohibited for
possession by inmates, warden's authorization, penalty, and use of unmanned aircraft to
accomplish violations, as follows:
"(a) As used in this Code section, the term:
(1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other
person held, incarcerated, or detained in a place of incarceration, whether or not such
person is inside or outside of such place of incarceration.
(2) 'Place of incarceration' means any prison, probation detention center, jail, or
institution, including any state, federal, local, or privately operated facility, used for the
purpose of incarcerating criminals or detainees.
(3) 'Telecommunications device' means a device, an apparatus associated with a device,
or a component of a device that enables, or may be used to enable, communication with
a person outside a place of incarceration, including a telephone, cellular telephone,
personal digital assistant, transmitting radio, or computer connected or capable of being
connected to a computer network, by wireless or other technology, or otherwise capable
of communicating with a person or device outside of a place of incarceration.
<ins>(4) 'Unmanned aircraft system' shall have the same meaning as set forth in Code
Section 6-1-4.
</ins> <del>(4)(5)</del> 'Warden or superintendent' means the commissioner or any warden,
superintendent, sheriff, chief jailer, or other person who is responsible for the overall
management and operation of a place of incarceration."
"(f)(1) It shall be unlawful for any person to <ins>knowingly and</ins> intentionally <del>use</del> <ins>operate, or
allow another to operate from his or her property,</ins> an unmanned aircraft system <del>to violate
the provisions of subsection (b) or (b.1) of this Code section.:
</del> (2)(A) <ins>To violate the provisions of subsection (b) or (b.1) of this Code section</ins> <del>It shall
be unlawful for any person to intentionally photograph or otherwise record images of
a place of incarceration through the use of an unmanned aircraft system for the
purposes of committing a criminal offense;
</del>
(B) <ins>To photograph or record images or videos of a place of incarceration for purposes
of committing a criminal offense;</ins> <del>Any person may secure prior authorization from the
warden or the superintendent, or his or her designated representative, of such place of
incarceration for photographing or recording as evidence of a noncriminal intent;
provided, however, that failure to secure such prior authorization shall not evidence a
criminal intent
</del> <ins>(C) Above a place of incarceration; or
(D) Above a place of incarceration from his or her property.
(2) Prior authorization from the warden or the superintendent, or his or her designated
representative, to photograph or record a place of incarceration with an unmanned aircraft
system may serve as evidence of a noncriminal intent; provided, however, that failure to
secure such prior authorization shall not evidence a criminal intent.
</ins> (3) Any person who commits or attempts to commit a violation of this subsection shall
be guilty of a felony and, upon conviction thereof, shall be sentenced as follows:
(A) Any person convicted of a violation <ins>subparagraph (A)</ins> of paragraph (1) of this
subsection shall be imprisoned for not less than one nor more than ten years; and
(B) Any person convicted of <ins>a violation of subparagraph (B) or (C)</ins> paragraph <del>(2)</del> <ins>(1)
</ins> of this subsection shall be imprisoned for not less than five nor more than ten years.
(4) <ins>Unmanned aircraft systems operated in violation of this subsection are declared to
be contraband and may be seized, taken, removed, or destroyed or disposed of by law
enforcement at the expense of the owner thereof</ins> <del>For purposes of this Code section, the
term 'unmanned aircraft system' shall have the same meaning as provided for in Code
Section 6-1-4.
</del> <ins>(5) A law enforcement officer or agency may take reasonable and necessary mitigation
measures against an unmanned aircraft system operating over of a place of incarceration
for the purposes of committing a criminal offense. Such measures may include, but shall
not be limited to:
</ins>
<ins>(A) The use of methods which detect, track, and identify unmanned aircraft systems;
or
(B) Intercepting, disabling, neutralizing, or disrupting an unmanned aircraft system
through the use of legal and safe methods including, but not limited to, jamming,
hacking, or physical capture.
(6) A law enforcement officer or agency shall act pursuant to this subsection only if there
is reasonable suspicion that the unmanned aircraft system operating above a place of
incarceration is involved in criminal activity, poses an imminent threat to public safety,
or is otherwise in violation of state or federal law.
(7) Provisions of this subsection shall not apply to:
(A) The operation of an unmanned aircraft system by an operator who is in compliance
with federal regulations or who is a peace officer operating such system for a law
enforcement or public safety purpose; or
(B) An employee of a water, sewer, electrical, telephone, cable, or other regulated
utility service who is acting within the scope of such employment."
</ins> SECTION 2.
Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions
regarding aviation, is amended by revising Code Section 6-1-4, relating to regulation of the
testing or operation of unmanned aircraft system, preemption, unauthorized operation at
ticketed entertainment event, penalty, and exemptions, as follows:
"6-1-4.
(a) As used in this Code section, the term:
(1) 'Ticketed entertainment event' means any music, sporting, or performing arts event
held in a location with gated entries or barriers that prevent access to the general public
and in which a revocable license that has been issued by an owner, operator, or lessee of
such property is required for attendance at such event.
<ins>(2)(A)</ins> 'Unmanned aircraft system' means:
<del>(A) A</del> <ins>a</ins> powered, aerial vehicle that:
(i) Does not carry a human operator and is operated without the possibility of direct
human intervention from within or on the aircraft;
(ii) Uses aerodynamic forces to provide vehicle lift;
(iii) Can fly autonomously or be piloted remotely; and
(iv) Can be expendable or recoverable; <del>and.
</del> (B) Such term shall not include a satellite.
(b) Any ordinance, resolution, regulation, or policy of any <del>county, municipality, or other
political subdivision of this state</del> <ins>local government entity</ins> regulating the testing or operation
of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no
force and effect; provided, however, that a <del>county, municipality, or other political
subdivision of this state</del> local government <del>unit</del> <ins>entity</ins> may:
(1) Enforce any ordinance that was adopted on or before April 1, 2017;
(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or
(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing
of an unmanned aircraft system from or on its public property except with respect to the
operation of an unmanned aircraft system for commercial purposes.
(c) The state, through agency or departmental rules and regulations, may provide for or
prohibit the launch or intentional landing of an unmanned aircraft system from or on its
public property.
(d)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or
above a ticketed entertainment event.
(2) A person who violates this subsection shall be guilty of the unauthorized operation
of an unmanned aircraft system and shall be punished as for a misdemeanor.
(3) This subsection shall not apply <del>when</del> <ins>to</ins> a person <del>who operates</del> <ins>operating</ins> an
unmanned aircraft system <ins>within 400 feet or above a ticketed entertainment event who:
</ins>
(A) Has obtained consent by any person with legal authority over a ticketed
entertainment event;
(B) Is authorized by federal regulations to operate an unmanned aircraft system and is
operating such system in a lawful manner and consistent with federal regulations;
(C) Is an employee of the property where the ticketed entertainment event is held and
is conducting official business;
(D) Is an employee of a water, sewer, electrical, telephone, cable, or other regulated
utility service provider and is conducting official business <ins>within the scope of such
employment;</ins> or
(E) Is an owner of private property who is operating an unmanned aircraft system that
he or she owns above such property, provided that such operation is consistent with
federal regulations and is not used for commercial purposes, to convey or communicate
a message, or to record for purposes of commercial broadcasting or publication,
monitor, or otherwise interfere in any way with a ticketed entertainment event."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia bill would make it a felony to fly a drone over a prison, jail, or other place of incarceration, and would let law enforcement seize, disable, or destroy drones caught doing so.

### Plain-language summary

Current Georgia law already restricts using drones to smuggle contraband into prisons or to photograph facilities for criminal purposes, but this bill tightens and expands those rules. It makes it illegal for anyone to knowingly and intentionally fly a drone above a place of incarceration, or to allow someone else to fly one from their property over such a facility, whether to violate contraband rules, to record images for a criminal purpose, or simply to fly over the facility at all.
The bill sets felony penalties: one to ten years in prison for drone use tied to contraband violations, and five to ten years for flying over or photographing a facility for criminal purposes. It also lets law enforcement treat violating drones as contraband that can be seized or destroyed, and allows officers to jam, hack, or physically capture drones they reasonably suspect are involved in crime or a public safety threat. Utility workers and compliant operators are exempted. It also updates the statewide drone law (O.C.G.A. § 6-1-4) to match these changes.

### What it does

- Makes it a felony to knowingly and intentionally operate a drone above a place of incarceration, or to allow someone else to do so from your property.
- Sets prison terms of one to ten years for drone-based contraband violations and five to ten years for flying over or photographing a facility for a criminal purpose.
- Declares drones used in violation of the law to be contraband that police may seize, remove, or destroy at the owner's expense.
- Authorizes law enforcement to use detection, jamming, hacking, or physical capture against drones reasonably suspected of criminal activity or posing a public safety threat near a prison.
- Exempts drone operators following federal rules, peace officers on duty, and utility employees acting within their jobs.
- Updates the state's general drone law (O.C.G.A. § 6-1-4) so its definitions and local preemption rules line up with the new prison-related restrictions.

### Who it affects

Drone operators and hobbyists, people who fly drones near correctional facilities, prison and jail wardens and staff, law enforcement agencies that oversee places of incarceration, utility company employees who use drones for work, and anyone convicted of violating the new restrictions.

### Why it matters

Georgians who fly drones near prisons or jails, even unintentionally, could face felony charges and years in prison, while law enforcement gains new authority to jam, disable, or destroy drones near these facilities, changing both drone recreation rules and how officers respond to suspected smuggling or surveillance attempts.

### Key provisions

- Section 1 amends O.C.G.A. § 42-5-18 to define 'unmanned aircraft system' using the definition in O.C.G.A. § 6-1-4 and adds new prohibited conduct.
- Section 1 makes it unlawful to knowingly and intentionally operate, or let another operate from one's property, a drone in violation of contraband rules, above a place of incarceration, or from one's own property above one such place.
- Section 1 sets penalties: one to ten years for contraband-related drone violations, five to ten years for flying over or recording a facility for criminal purposes.
- Section 1 allows prior authorization from a warden to serve as evidence of noncriminal intent, though lacking authorization alone is not evidence of criminal intent.
- Section 1 declares violating drones contraband subject to seizure or destruction at the owner's expense, and authorizes mitigation measures like jamming or physical capture when there is reasonable suspicion of criminal activity or a safety threat.
- Section 1 exempts federally compliant operators, peace officers on duty, and utility employees acting within their jobs from these restrictions.
- Section 2 revises O.C.G.A. § 6-1-4 to update the drone definition and local government preemption language to match the new prison provisions.

## Status

- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Todd Jones, Brad Thomas, Clint Crowe, Bill Hitchens, Eddie Lumsden, Shawn Still
- Official page: https://www.legis.ga.gov/legislation/72951

> The history, votes, and amendments (1,251 characters) are at https://georgiacommons.org/bills/2025-2026/hb1230.md?full=1